Judge Upsets $39-Million Award Against Scientology : Lawsuit by Ex-Member Cited Fraud

A circuit judge declared a mistrial today in a lawsuit that had ended in May with a jury’s recommendation for a $39-million fraud judgment against the Church of Scientology.

The jury’s decision had prompted more than a week of protests by Scientologists and supporters who alleged religious persecution.

Multnomah County Judge Donald Londer, saying he based his ruling on improper and prejudicial arguments made by the lawyer for Julie Christofferson Titchbourne, ordered a new trial.

About 150 Scientologists burst into applause when the ruling was announced.

Titchbourne, 27, of Portland alleged the group defrauded her by claiming it could raise her intelligence, correct her weak eyesight and improve her creativity when she joined it in 1975. She also charged that it misrepresented the background of its reclusive founder, L. Ron Hubbard.

Persecution Denied

Her attorney, Garry McMurry, said it was “a case of common-law fraud, of deceit,” and not one of religious persecution.

Londer, who had delayed signing the judgment pending his decision on a motion for mistrial, said that issues dealing with the beliefs and practices of Scientologists were admitted for limited use, but that the jury was improperly told those issues could be used as a basis for punishing the group.

The judge also cited “abusive language” used in closing arguments by McMurry, who said the Church of Scientology was a terrorist group and that Hubbard was a sociopath.

“I will take the responsibility for that,” Londer said. “Although (defense) counsel did not ask for a limiting jury instruction, I should have given it.”

Religious Beliefs Exempt

Londer noted that the courts have determined Scientology is a religion, and that the Constitution prevents prosecution for one’s religious beliefs.

Defense lawyer Earle Cooley praised Londer as “a judge sensitive to our rights under the Constitution. It took great courage on his part. We’re confident there will be a different decision the next time.”

McMurry had no comment on the mistrial ruling, the latest chapter in the 8-year-old case. Titchbourne was not present at the hearing.

In seeking a mistrial, Scientology attorneys said Monday that Titchbourne’s statements in magazine and newspaper articles differed from her testimony about how she joined the group and how she was “deprogrammed” after she left it in 1976.

‘She’s Laughing at Us’

“She has misused and abused the judicial system,” Cooley said. “With the $39-million verdict, she’s out there laughing at us all.”

McMurry dismissed Cooley’s contention that Titchbourne had contradicted herself in the news media. “What goes on in the courtroom is all that matters,” he said.

Cooley also said Titchbourne’s attorneys ridiculed Scientologists’ beliefs during the 11-week trial, prejudicing jurors and convincing them they should punish the group with a large verdict.

Monday’s hearing was the second held on the mistrial motion since the verdict was returned May 17.